The Serious Side of Bartending: DUIs and How to Avoid Them

 

I started out thinking of the “Professor of Cocktail Studies” thing as a matter of whimsy, but I soon realized it was worth taking seriously.

When it comes to bartending, I’m a novice. And in addition to having little experience, I’m neither young, good-looking, nor charismatic; in short, probably not someone a bar owner would be eager to place behind a bar.

So I decided that my best bet was to educate myself in all aspects of the trade; basically to know as much or more about it than other prospective employees; and aside from that, to master the subject for its own sake.

This includes not just knowing about cocktail history and the craft of making cocktails, but also the legal aspects of serving and consuming alcohol.

So here, as best as I can do right now—at some point I’m going to confer with an attorney who specializes in this area of law—is my best stab at the issue of drinking and driving….

1. This guidance is by a layperson, not an attorney. Consult ahead of time, just on general principles, a reputable attorney who specializes in OMVIs. They can provide authoritative advice. Have their contact information available at all times, especially how to contact them after normal business hours. (If you have an attorney you trust who has a different specialization, ask them for a referral. They can usually supply you with a good one.)

2. The best strategy is to avoid all risk of driving while impaired. Know your limit. It’s a solid bet that it’s less than you think it is. As a rule, your body requires an hour for one standard drink (about one ounce of ethanol—pure alcohol) to clear your system.

3. A standard drink is defined as 1.5 ounces of 80 proof liquor; 5 ounces of 12 percent wine; and 12 ounces of 5 percent beer.

4. Depending on your body weight, gender, tolerance, and other factors, as few as two standard drinks can put you over the legal limit.

5. Be especially careful about beer. Many exceed 5 percent alcohol by volume (ABV). A typical double IPA has over 8 percent ABV. A typical Belgian beer can have 12-15 percent ABV.

6. In short, when drinking anything, pay close attention to the amount of alcohol you’re consuming.

7. Never ask a bartender for a “heavy pour.” A responsible bartender should decline; and if they don’t it makes it just that much harder for you to keep track of your alcohol intake.

8. More than 90 percent of alcohol is removed by the liver. Certain medications are also processed by your liver, and a liver doesn’t prioritize removing the alcohol over processing the medications. In short, taking these medications can place you over the limit more quickly.

9. Monitor your alcohol consumption and switch to water or a soft drink at least an hour before you plan to leave. (Bartenders understand that you’re trying to be responsible and will nearly always serve you a soft drink free of charge, including refills.)

10. Don’t drink on an empty stomach. If food is served, order some, especially if it has a lot of saturated fat. Drinking alcohol is not a time to worry about your diet.

11. Breathalyzers for personal use are readily available at reasonable cost and arguably worth having.

12. When in doubt—and always err on the side of doubt—call Uber, Lyft, or a taxi. Have both the Uber and Lyft app on your smart phone and be familiar with how they work. Have the number of a taxi service in your contact list.

13. Don’t cheap out in favor of “sleeping it off” in your car. You are still liable to an OMVI if you are in “physical control” of your vehicle; for example, if you sit in the driver’s seat and have your keys in the ignition or readily available. To minimize the risk of such a charge, sit in the back seat if possible and put your car keys in the trunk of the car, assuming you can access the trunk from the interior of your vehicle. If not, place them in some other hard to reach place. While not ironclad protection, it makes it difficult for a physical control charge to hold up in court.

14. If you are dumb enough to drive, you nonetheless retain legal rights. Know them and adhere to them.

15. If you are involved in an accident, NEVER leave the scene. It will result in worse trouble than an OMVI. If a person is injured, call for medical assistance. If required to report the accident to the police, do so.

16. Exchange insurance information with the other driver and do not get involved in a dispute as to who is at fault. This is not only futile; officers interviewing a witness may interpret a belligerent response as evidence of impairment.

17. If pulled over, an officer will usually spend several minutes running a check of your license plate before approaching your vehicle. If your smart phone has the ability to record conversations, turn it on before the officer approaches your vehicle and record everything that is said.

18. You must give your name and show your license, registration, and proof of insurance. Comply but say as little as possible.

19. As always, if you have a firearm in the vehicle, disclose this fact to the officer. Be familiar with the applicable laws concerning the possession of firearms. For instance, it may be impermissible to have the firearm and ammunition co-located.

20. Beyond this, you have the right to remain silent. Exercise it, respectfully but firmly. You can simply say, “I decline to answer questions.”

21. However cordial they may initially seem, officers are not your friends. They are adept at getting you to say things that may incriminate you. “Do you know why I pulled you over?” “Where are you coming from?” “I smell alcohol; how many drinks have you had this evening?” And so on. They will usually claim that your speech is slurred, whether it is or not.

22. State that you want an attorney and contact your attorney immediately, if you can, or as soon after the incident as possible.

23. You should nonetheless understand that an officer is performing their duty. Obey any directive by an officer, even if you think it is unwarranted. Be respectful and never argue. If you think an officer is overstepping their authority, let your attorney sort it out in court.

24. Always use great care to avoid any behavior that an officer may regard as threatening.

25. You may decline to exit your vehicle or to consent to having your vehicle searched. An officer may nonetheless compel you to submit to a search of your person, if they suspect you have a weapon; or your vehicle if they have reason to suspect criminal activity. If the reason is weak, it will ultimately weaken the case against you.

26. You have the right to decline to take a field sobriety test without penalty.

27. However, you MUST submit to a breathalyzer test or your driver’s license will be immediately suspended. It may be suspended anyway if you’re convicted of an OMVI, so if you think you’ll fail the test, decline to take it. That will oblige the officer(s) to rely on other evidence in making a case against you.

28. The breathalyzer will usually be located at the police station and you will be driven there. For the safety of the officer you will almost certainly be handcuffed.

29. At this point, ask “Am I being arrested?” If so, ask “What is the charge?”

30. If you are not informed of the precise result of the breathalyzer test, request it. The result is expressed as grams of alcohol per 210 milliliters of breath. The result is then converted to blood alcohol content (BAC).

31. The breathalyzer has a margin for error and officers will exploit this in their favor. If so, ask to know the margin of error being used.

32. Upon release, document everything about the incident as soon as possible, and contact your attorney.

33. Certain medications and other conditions can affect the accuracy of a breathalyzer test. The attorney will probably ask you about this; if not, let them know. You should be able to supply the precise name of the medication, the precise dosage, and the last time you took the medication. (Asthma medications, for example, can affect accuracy.)